Mark M. Carr Mark M. Carr Manager, North America. CC: Jean Willems/DOMO Zele Philippe Dierkens/DOMO Zele

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1 11/8/11 David Sykes, Director of Public Works Chris Mastrodicasa, Project Manager City of San Jose Department of Public Works City Facilities Architectural Services Division 6 th Floor 200 East Santa Clara Street San Jose, CA VIA fax to: and Project: 6405 Coleman Soccer Fields Design/Build Project Subject: Non-Conforming Bids Dear Sirs, In response to Interstate Paving & Grading s assertion that we have no right to protest. We have simply pointed out to the City that all of the Bidders (Interstate being the low bid) listed non-qualifying subs (Viking) & Suppliers (ACT Global) and in addition, that Interstate and all remaining General Contractor/Turf Sub-contractor/Supplier Teams have completely ignored the specified requirements of Section and did not bid a system that meets the very detailed specification. Interstate states that DOMO & FieldTurf are only trying to protect our proprietary interests. The specification as written is not proprietary and DOMO is one of at least two Turf Vendors that meet the specification (the other is Mondo). We do agree that City can only review the items that were not required on the bid forms at the submittal stage. However, based on the bid results and the Turf Sub-Contractors/Suppliers listed by each General Contractor, it looks like nobody followed the City s very detailed Turf & Infill Specifications. (see attached, my previous letter with spec. requirements dated 10/7/11). Again, as a manufacturer who has invested in the technology, research and development and installed several million square feet of synthetic turf with alternative synthetic or thermoplastic infill s, we feel that all bidders should be held to the specified requirements and that any contractors, subs or vendors that have ignored the specifications should have their non-conforming submittals rejected. Please call me if you have any questions. Sincerely, Mark M. Carr Mark M. Carr Manager, North America CC: Jean Willems/DOMO Zele Philippe Dierkens/DOMO Zele DOMO Sports Grass Atlanta: 1500 Montreal Road, Suite 115, Tucker, GA Ph Fax Hawaii: Oaniani Place, Kapolei, Hi Ph Fax Oregon: William Foss Road, Lapine, Oregon Ph Fax

2 10/7/11 David Sykes, Director of Public Works Chris Mastrodicasa, Project Manager City of San Jose Department of Public Works City Facilities Architectural Services Division 6 th Floor 200 East Santa Clara Street San Jose, CA VIA fax to: Project: 6405 Coleman Soccer Fields Design/Build Project Subject: Non-Conforming Bids Dear Sirs, It has come to our attention that several of the Prime Bidders on this project have listed (a bid requirement) Turf Sub-Contractors/Vendors that do not meet the very specific requirements listed by the City in Section Synthetic Sport Surfacing. Specifically the following requirements: 1.05,F. The infill shall consist of a green-color synthetic granule specifically designed and manufactured for athletic use that shall exhibit low thermal absorption and low thermal capacity. 1.06,A. 3. List of currently valid FIFA Recommended 1 Star fields supplied worldwide by the ATM. The list shall include at least 15 fields. 4. List of at least 10 fields of at least 50,000 square feet or more incorporating the specific infill specified for this project. 5. References for at least one field of at least 50,000 square feet or more incorporating the specific infill specified for this project. 6. References for at least one NCAA Division 1 soccer field in play. 7. List of fields in play in California of at least 50,000 square feet, utilizing the specific infill specified herein. The list shall include at least six fields. 2.01,D.,Resilient Infill Material 1. The infill shall consist of a lower ballast layer of silica sand with upper resilient layer composed of a green-color synthetic granule or a homogenous mixture of sand and green-color synthetic granule specifically designed and manufactured for athletic use. It shall exhibit low thermal absorption and low thermal capacity, shall be heavy metals free, Polynuclear Aromatic Hydrocarbons (PAH) free, aromatic amines free, black carbon free, sulfur free and odorless. DOMO Sports Grass Atlanta: 2001Montreal Road, Suite 115, Tucker, GA Ph Fax Hawaii: Oaniani Place, Kapolei, Hi Ph Fax Oregon: William Foss Road, Lapine, Oregon Ph Fax

3 Page two, It is our opinion that several contractors (and their Designers) intentionally ignored the specified RFP Design Requirements in order to gain a bidding advantage, and if they were low bid, then they could perhaps try to negotiate the Components with the City after the bid. The bid Documents and RFI/Q & A responses from the City regarding the Synthetic Turf specifications were very clear (see attachments). Any contractor s bid that does not comply, should viewed as non compliant and non-responsive and should therefore be rejected by the City. As a manufacturer who has invested in the technology, research and development and installed several million square feet of synthetic turf with alternative synthetic or thermoplastic infill s, we feel that all bidders should be held to the specified requirements and that any contractors, subs or vendors that have ignored the specifications, should be held accountable. I would also like to request copies of the bid abstract with sub-contractor lists so that we can review them. Please call me if you have any questions. Sincerely, Mark M. Carr Mark M. Carr Manager, North America CC: Jean Willems/DOMO Zele Philippe Dierkens/DOMO Zele

4 Question and s for Bid #6405 Coleman Soccer Fields Design Build Project (Synthetic Turf Q & A) Question 29 Could you please provide a list of the turf companies that meet the specification requirements. (Submitted: Sep 14, :09:01 PM PDT) It is up to the bidder to determine what artificial turf companies meet the current specification. (ed: Sep 14, :53:42 PM PDT) Question 33 In the spec section , 2.01,D of synthetic sportsfield surfacing. The green colored infill can consist of green encapsulated sbr rubber in meeting specification requirements? Or is the city looking for a TPE, TPO infill or another specific product? Asking for clarrification. (Submitted: Sep 16, :26:41 PM PDT) The City is looking for a product that meets or exceeds the Specification Section , SYNTHETIC FIELD SPORT SURFACING. Specifically we are looking for a product that meets or exceeds the PERFORMANCE REQUIREMENTS as described in section 1.05 of and meets or exceeds the minimum specifications as described in section 2.01 ARTIFICIAL TURF SURFACING. (ed: Sep 19, :04:49 PM PDT) Question 35 Re: the turf infill (Spec Section D) from our extensive/years of experience with the turf industry, we know that this is a narrow proprietary product spec disguised as a performance spec, and will drive the cost of the project up substantially. Is the City willing to entertain other infill materials that are environmentally friendly, provide the same testing values, and exhibit lower heat gain? (Submitted: Sep 20, :56:15 AM PDT) If your product can meet or exceed the Synthetic Field Sport Surfacing Specificationýs performance requirements and minimum specifications, we would be willing to review that, however, it is the bidder s responsibility to determine if the product meets the project specifications and shall be subject to City review and approval only during the material product submittal phase of the project. (ed: Sep 22, :30:59 AM PDT) Question 36 Re: Synthetic Turf submittals (Spec Section ) the requirement for 10 fields with the specific infill / 6 of which to be in California) will end up being a requirement severely limiting the number of qualified bidders, given that the infill itself is a proprietary specification. To avoid this and the resulting higher price, can the field requirement allow for a similar infill meeting the specifications in (Submitted: Sep 20, :50:32 AM PDT) No. (ed: Sep 22, :30:59 AM PDT)

5 Question and s for Bid #6405 Coleman Soccer Fields Design Build Project (Synthetic Turf Q & A) Question 41 Section '' Synthetic Field Sport Surfacing: Section 2.01 D states the specified infill is to be green-color synthetic granule and be free of PAH''s, aromatic amines, black carbon, sulfur, and have no odor. Does this infill exist? What level of documentation and what test method will be required to show that these properties can be met? Is ''free'' to mean to have non detectible levels of any of these properties, and if so, by what test method? (Submitted: Sep 20, :35:20 PM PDT) The City wants a non-toxic/non-hazardous product that is test proven by the EPA. Any product that meets the current specification and provides an infill that falls ''below levels of concern'' by the EPA shall be considered ''free''. The test methods shall be per section 1.03 References. (ed: Sep 22, :16:53 PM PDT) Question 53 Please confirm that the Prime Contractor does not have to meet the requirement "shall have installed at least three (3) synthetic play fields over the size of 2 acres within five (5) years of the date of bid submittal" as long as the sub-contractor directly responsible for the installation of the synthetic fields meets the requirement. (Submitted: Sep 26, :28:57 PM PDT) That is correct. Confirmed. (ed: Sep 27, :39:00 AM PDT) Question 79 Question and #53: The answer to #53 is misleading. The synthetic turf subcontractor does not perform the drainage and permeable base. It is not the intention to have a qualified contactor that performs the drainage and permeable base installation meet the required experience along with the on-site foreman with past experience of three synthetic fields? Is the resume or resumes of on-site foremen to be submitted with the bid documents as verification of this requirement? (Submitted: Sep 29, :01:40 PM PDT) The bidder is required to meet the minimum qualifications to bid the project. Per the specifications: The bidder (or, if bidder is a joint venture, one of the joint venture partners of bidder) as prime or sub-contractor directly responsible for such portion of the work shall have installed at least three (3) synthetic play fields over the size of 2 acres within five (5) years of the date of bid submittal. A minimum of one such field must be substantially complete and available for verification by City staff as of the date of the bid submittal. (ed: Sep 30, :08:23 PM PDT)

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